§ 36-30. Processing a violation.

(a)

The manager may issue an assessment against any person or permittee responsible for the violation.

(b)

Any person against whom an assessment or order has been issued may secure a review of such assessment or order by filing with the director a written petition setting forth the specific legal and technical grounds and reasons for his objections and asking for a hearing in the matter involved before the director and if a petition for review of the assessment or order is not filed within 30 days after the date the assessment or order is served, the violator shall be deemed to have consented to the assessment and it shall become final.

(c)

Whenever any assessment has become final because of a person's failure to appeal the manager's assessment, the manager may apply to the appropriate court for a judgment and seek execution of such judgment and the court, in such proceedings, shall treat a failure to appeal such assessment as a confession of judgment in the amount of the assessment.

(d)

The director may consider the following factors when reviewing a petition:

(1)

Whether the civil penalty imposed will be an appropriate economic deterrent to the illegal activity by the violator or others in the regulated community.

(2)

Damages to the county, including compensation for the damage or destruction of the county MS4, and also including any penalties, costs (direct or indirect) and attorneys' fees incurred by the county as a result of the illegal activity, as well as the expenses involved in enforcing this chapter and the costs involved in rectifying any damages.

(3)

Cause of the discharge or violation.

(4)

The severity of the discharge and its effect on the county MS4.

(5)

Effectiveness of action taken by the violator to cease the violation.

(6)

The technical and economic reasonableness of reducing or eliminating the discharge.

(7)

The economic benefit gained by the violator.

(e)

Any civil penalty assessed to a violator pursuant to this section may be in addition to any civil penalty assessed by the commissioner of the state department of environment and conservation.

(f)

Any appeal of this final determination shall be made to a court of competent jurisdiction. Such appeal shall be filed within 15 days of the decision by the director.

(Code 1992, § 30-68; Ord. No. 292, § 30-149, 12-6-2004)

State law reference

Water quality control act, fines and penalties, T.C.A. § 68-221-1106.